- 1 - NC: 2025:KHC:9423 CRL.P No. 2297 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2297 OF 2025 BETWEEN: MOHAN ZALLAKE S/O LATE DATTATRREBAREBORRA AGED 36 YEARS R/O PRATAP COLONY, RAKHIL DEPO JOPADPATTI NEAR RAILWAY STATION MIRAJ TOWN, SANGLI MAHARASHTRA STATE - 416 416. …PETITIONER (BY SRI MARUTHI G.B, ADV.) AND: STATE OF KARNATAKA BY STATE OF RURAL POLICE DAVANAGERE - 577 001 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.4 IN CONNECTION WITH CR.NO.172/2023 REGISTERED BY THE DAVANGERE RURAL POLICE, AND PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE(NDPS), DAVANAGERE IN SPECIAL CASE (NDPS) NO.346/2024 FOR THE OFFENCES P/U/S 20(b)(ii)(B) OF Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9423 CRL.P No. 2297 of 2025 NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 (FOR SHORT NDPS ACT). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in Special Case (NDPS) No.346/2024 pending before the Court of Principal District and Sessions Judge and Special Judge, at Davanagere, arising out of Crime No.172/2023 registered by Davanagere Rural Police Station, Davanagere, for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985, is before this Court under Section 439 of Cr.P.C. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that seized contraband article is of small quantity. Petitioner has no other criminal antecedents. There is no seizure from the possession of the petitioner. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. However, he does not dispute the submission made by learned counsel for the petitioner. He submits that petitioner was - 3 - NC: 2025:KHC:9423 CRL.P No. 2297 of 2025 through out absconding and he hails from Maharashtra State and therefore, in the event he is enlarged on bail, it would be difficult to secure his presence. Accordingly, he prays to dismiss the petition. 5. A perusal of the material on record would go to show that based on credible information received, accused Nos.1 to 3 were apprehended on 07.06.2023 and from their custody 1000 grams of contraband article allegedly ganja was seized. Apprehended accused allegedly had confessed that petitioner had supplied seized contraband article to them and therefore, petitioner was arraigned as accused No.4 in the case. After completing investigation, charge sheet was filed against four persons and petitioner was arraigned as accused No.4. Since he did not appear before the Trial Court, coercive steps were taken to secure his presence and his presence was secured on 01.01.2025 and thereafter, he was remanded to judicial custody. Undisputedly, petitioner has no other criminal antecedents and the maximum punishment for the alleged offence is imprisonment for a period of one year. Investigation in the case is completed and charge sheet has been filed. There is no seizure of contraband article from the possession of the - 4 - NC: 2025:KHC:9423 CRL.P No. 2297 of 2025 petitioner in the present case. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions that can take care of the apprehensions expressed by learned HCGP. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (NDPS) No.346/2024 pending before the Court of Principal District and Sessions Judge and Special Judge, at Davanagere, arising out of Crime No.172/2023 registered by Davanagere Rural Police Station, Davanagere, for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties, out of which, one shall be a local surety, for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - NC: 2025:KHC:9423 CRL.P No. 2297 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN